HomeMy WebLinkAbout20053491.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1329 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
(INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING, A CONCRETE
BATCH PLANT, AND THE IMPORTATION OF SAND AND GRAVEL AGGREGATES)
IN THE A(AGRICULTURAL)ZONE DISTRICT-LOVELAND READY MIX CONCRETE,
INC., DBA JOHNSTOWN READY MIX
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of
December,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Loveland Ready Mix Concrete, Inc., dba Johnstown Ready Mix, P.O. Box 299,
Loveland, Colorado 80539, for a Site Specific Development Plan and Amended Use by Special
Review Permit#1329 for Mineral Resource Development Facilities(including open pit mining and
materials processing,a concrete batch plant, and the importation of sand and gravel aggregates)
in the A(Agricultural)Zone District on the following described real estate, being more particularly
described as follows:
Part of the NE1/4 and part of the NW1/4 of
Section 30, Township 5 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Alex Schatz, Banks and Gesso, LLC, 720
Kipling Street, Suite 117, Lakewood, Colorado 80215, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinances in effect.
1) Section 22-5-80.A (CM.Goal 1) states, "Conserve lands which
provide valuable natural mineral deposits for potential future use in
2005-3491
P L1520
f-/L(e7) 4-q-'�L . I=
� /-/3[J 41
AMENDED SPECIAL REVIEW PERMIT #1329 - LOVELAND READY MIX CONCRETE, INC.
PAGE 2
accordance with state law." The site does contain a valuable sand
and gravel deposit,and permitting of the site for this use will ensure
that material is available and utilized to meet future needs. Further,
Section 22-5-70.A of the Weld County Code states, "The County
recognizes that mineral resource extraction is an essential industry.
The availability and cost of materials,such as sand and gravel,have
an economic affect on the general construction and highway
construction industry." Further, the "County's annual growth rate
over the last ten years averaged 3.6 percent,with total growth from
1993 to 2003 at 42.2 percent. Population estimates for Weld County
predict an average of three percent growth for the next ten years."
2) Section 22-5-80.8(CM.Goal 2)states,"Promote the reasonable and
orderly development of mineral resources." The existing Concrete
Batch Plant processes extracted mineral resources. This amended
application seeks to allow for the importation of materials from an
off-premise site in Larimer County to the Green Croissant site. The
proposal seeks to implement efficiencies in the overall operations of
gravel resources in the area, as well as efficiencies in the overall
operations of the Green Croissant site. Further, this proposed
amendment will eliminate the need for extra processing equipment
and another concrete plant in close proximity.
3) Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of
surface mining activities on surrounding land uses, roads and
highways." Use by Special Review Permit #1329 was found
compatible with surrounding land uses,and adequate mitigation was
provided by various features of the original approval, including road
improvements,screening,hours of operation,and other development
standards. Additional material brought on the site may reduce
impacts in the immediate vicinity of the Green Croissant and
Walters-Bokelman sand and gravel operations, as processing will
occur at existing facilities.
4) The addition of material brought on the site for processing is
estimated to increase the amount of daily truck traffic on Weld
County Road 13 by 168 truck trips and eight(8)employee trips. Matt
Delich has provided a traffic impact study associated with the
existing operations and the importing of additional materials from the
Walters/Bokelman Sand and Gravel Mine facility. The Weld County
Public Works Department will deal with the additional traffic through
the Improvements Agreement and Long-Term Road Maintenance
Agreements,as stated in the referral received from the Department
of Public Works, dated August 9, 2005.
5) Section 22-5-80.E (CM.Goal 5) states, "Provide for timely
reclamation and reuse of mining sites in accordance with
2005-3491
PL1520
AMENDED SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX CONCRETE, INC.
PAGE 3
Chapters 22,23,and 24 of the Weld County Code." The amendment
does not affect the permitted schedule for mining and reclamation.
Concurrent reclamation is practiced to minimize surface disturbance
to the extent possible.
6) Section 22-5-80.F (CM.Goal 6) states, "The extraction of mineral
resources should conserve the land and minimize the impact on
surrounding land." The applicant states that final reclamation will
begin within one (1) year of completion of mining activities in any
given phase, with seeding and planting completed during the
appropriate time of year. The proposed reclaimed land form creates
five(5)lined water storage reservoirs, that will be of benefit to Weld
County citizens.
b. Section 23-2-230.8.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding land uses in all
directions are predominantly agricultural in nature. The applicants have
constructed an opaque fence adjacent to Weld County Roads 13 and 54 for
the facility, with six(6)foot berms and landscaping around the Batch Plant
area. Surrounding property uses include a rural residence to the north and
a rural residence and tree farm to the west.
d. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect,as well as the adopted Master Plans of affected municipalities. The
proposed use is located within the three-mile referral areas of the Town of
Johnstown, City of Greeley, and Larimer County; however, the referral
responses from all three agencies indicated no conflict with the proposed
use.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. Section 22-5-80.E.1.d (CM.Policy 5.4) states,
"The operation should comply with County flood hazard and geological
hazard regulations." The proposed use lies within a designated Flood
Hazard Area as delineated on FIRM Panel Map #080266 0615C, dated
September 28, 1982. Development of the site will require a Flood Hazard
Development Permit. Flood Hazard Development Permit number(FHDP-
417)was approved for this site in 2001.
f. Section 23-2-230.8.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. Section 22-2-60(A.Goal 1)of the Weld County Code states,"Preserve
2005-3491
PL1520
AMENDED SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX CONCRETE, INC.
PAGE 4
prime farmland for agricultural purposes which foster the economic health
and continuance of agriculture." The site is identified primarily as"Irrigated
Not Prime"and"Other"land by the United States Department of Agriculture
(USDA) "Farmlands of National Importance" Map, dated 1979.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval,and Development Standards ensure that there are
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the Neighborhood and County.
h. Chapter 23,Article IV, Division 4—Additional requirements for Open Mining
and Batch Plant Operations, including the importation of materials, have
been addressed through this application, and the Development Standards
will ensure compliance with the provisions of Chapter 23, Article IV,
Division 4, of the Weld County Code.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Loveland Ready Mix Concrete, Inc.,dba Johnstown Ready
Mix,for a Site Specific Development Plan and Amended Use by Special Review Permit#1329 for
Mineral Resource Development Facilities (including open pit mining and materials processing, a
concrete batch plant,and the importation of sand and gravel aggregates)in theA(Agricultural)Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the plat:
A. The attached Development Standards for the Amended Use by Special
Review Permit #1329 shall be adopted and placed on the plat. The
completed plat shall be delivered to the Department of Planning Services and
be readyfor recording in the Weld County Clerk and Recorder's Office within
60 days of approval by the Board of County Commissioners.
B. The plat shall be amended to reflect:
1) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
2) All sheets of the plat shall be labeled AmUSR-1329.
3) A minimum of ten (10) feet of clearance from any existing public
utility or future public utility shall be maintained at all times as outlined
by State statute.
4) The location of any on-site signs.
5) The amended and approved Landscape, Screen, and Berm Plan.
2005-3491
PL1520
AMENDED SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX CONCRETE, INC.
PAGE 5
6) The Permit boundary for the mining operation shall align itself with the
legal descriptions of the parcels noted in the application.
7) Weld County Roads 13 and 54 are designated on the Weld County
Road Classification Plan as major arterial roads,which require 140
feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 70 feet from the centerline of Weld County
Roads 13 and 54 shall be delineated as right-of-way on the plat.
These roads are maintained by Weld County. The applicant shall
verify the existing right-of-way and the documents creating the
right-of-way. If the right-of-way cannot be verified, it shall be
dedicated.
8) The applicant has identified the site access on the plat drawing.
Utilize this main access point, as no additional accesses shall be
granted at this proposed location.
C. The applicant has indicated that the stormwater drainage will be controlled
on the site by being routed to the pit floors. All discharge points shall be
designated on the plat, and the appropriate routing to the Big Thompson
River shall be indicated as well. This portion of the permit falls under the
jurisdiction of the State of Colorado as it discharges into waters of the United
States.
D. The applicant shall enter into a Long-Term Road Maintenance and
Improvements Agreement with the Weld County Department of Public
Works for the designated haul route. The designated haul route associated
with the Amended Use by Special Review Permit#1329 application is as
follows:
1) From the main pit entrance(USR-1329)on Weld County Road 13,
north to the intersection of Weld County Road 54, then continues
north to the Walters/Bokelman Pit entrance. The maintenance is on
Weld County Road 54, between Weld County Roads 13 and 15, all
within the Weld County maintenance area, and west of the
intersection is Larimer County.
2) A note should be placed on the plat and incorporated into the
Long-Term Road Maintenance and Improvements Agreement,which
states the applicant shall enter into an agreement with the Board of
County Commissioners,and at anytime in the future, if maintenance
of Weld County Road 13 becomes the responsibility of Larimer
County, that portion would transfer to the appropriate County.
3) The applicant shall provide,in writing,a sign-off from Larimer County
verifying that a Traffic Impact Study has been reviewed,and if there
are any additional improvements associated with the designated haul
2005-3491
PL1520
AMENDED SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX CONCRETE, INC.
PAGE 6
route of Weld County Road 13(LCR 901)and Weld County Road 54
(LCR 18)associated with the intersection within the Larimer County
maintenance area. The Weld County Department of Public Works
has jurisdiction over the maintenance of Weld County Road 13,north
of Weld County Road 54 to U.S.Highway 34. The road section north
of the Walters/Bokelman Pit has not been designated as a haul route.
If this route is being proposed to Larimer County as the haul route,
the Weld County Department of Public Works requires paving of all
designated haul routes from gravel pits and concrete and asphalt
batch plants to the nearest paved roads.
E. The off-street parking spaces at the main office parking lot, including the
access drive, shall be surfaced with asphalt, concrete, or equivalent and
shall be graded to prevent drainage problems. There is adequate sight
distance in both directions at the proposed access point.
F. The applicant shall amend the existing Emission Permit for the modification
in the operation if the Colorado Department of Public Health and Environment
determines that such a modification represents a significant change in
emissions or production. Evidence of approval shall be submitted to the
Department of Planning Services.
G. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted to the Department of Planning Services.
H. The existing Colorado Discharge Permit System(CDPS)must be amended
for the increased operation if the Water Quality Control Division of the
Colorado Department of Public Health and Environment determines that
such a modification represents a significant change in the discharge.
Evidence of approval shall be submitted to the Department of Planning
Services.
The applicant shall submit evidence of an Aboveground Storage Tank Permit
from the Colorado Department of Labor and Employment (COL&E), Oil
Inspection Section,for any aboveground storage tanks located on the site.
Alternately, the applicant can provide evidence from the CDL&E, Oil
Inspection Section, that they are not subject to these requirements.
Evidence of approval shall be submitted to the Department of Planning
Services.
J. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of approval shall be submitted to
the Department of Planning Services. The plan shall include,at a minimum,
the following:
2005-3491
PL1520
AMENDED SPECIAL REVIEW PERMIT #1329 - LOVELAND READY MIX CONCRETE, INC.
PAGE 7
1) A list of wastes which are expected to be generated on the site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
K. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for required off-site and on-site improvements. The agreement and form of
collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners prior to recording the plat. Evidence of approval
shall be submitted to the Department of Planning Services.
L. The applicant shall provide a set of road plans for Weld County Road 13 at
the intersection of Weld County Road 54 north through the pit entrance. The
road plan shall include: typical road crossing, base and paving, drainage,
stationing with adequate turning radii paving to the scale house, or at least
a minimum of 100 feet to keep from dragging debris, and dust control prior
to entering on to Weld County Road 13. Evidence of approval shall be
submitted to the Department of Planning Services.
2. Prior to accepting material:
A. Weld County always requires paving from the pit entrance to the nearest
paved road. There is no designated haul route north of the site entrance to
U.S. Highway 34. The new haul route will be associated with the pit
entrance, south to Weld County Road 54, then disburse east or west.
B. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Amended
Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder.
2005-3491
PL1520
AMENDED SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX CONCRETE, INC.
PAGE 8
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of December, A.D., 2005.
..%)1 Eft-4a BOARD OF COUNTY COMMISSIONERS
/ WELD COUNTY, COLORADO
ATTEST: r` t •� William H erke, Chair
Weld County Clerk to
BY: ti ) a � alE ≤ro-Tem
D uty Cle to the Boar.
David . Long
APP D AS TO EXCUSED
Robe D. Maslen
unty Attor ey l AI (IM O\
Glenn Vaad VV
Date of signature: III Z. 1()(c
2005-3491
PL1520
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOVELAND READY MIX CONCRETE, INC.
AMUSR#1329
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1329 for
Mineral Resource Development Facilities (including open pit mining and materials
processing, a concrete batch plant, and the importation of sand and gravel aggregates)in
the A(Agricultural)Zone as indicated in the application materials on file and subject to the
Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
A. No fill, berms,or stockpiles shall be placed in the one hundred(100)year floodplain
of the Big Thompson River which would obstruct passage of flood flows.
B. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that
might wash away during flooding shall be securely anchored,and adequately flood
proofed,to avoid County Remediation of a health hazard. Following completion of
mining, all temporary buildings shall be removed.
4. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
8. The applicant shall complywith all provisions of the Underground and Aboveground Storage
Tank Regulations (7 CCR 1101-14).
9. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles and drum washing in accordance with the Rules and Regulations of the
Water Quality Control Commission and the Environmental Protection Agency.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103, C.R.S.
2005-3491
PL1520
DEVELOPMENT STANDARDS - LOVELAND READY MIX CONCRETE, INC. (AMUSR#1329)
PAGE 2
12. Adequate hand washing and toilet facilities shall be provided for employees, visitors and
customers of the facility.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etcetera, for up to six (6) months at each location.
15. The facility shall utilize the existing public water supply, Little Thompson Water District.
16. Bottled water shall be provided to employees at the temporary locations of the working face
at all times.
17. The applicant shall remove, handle,and stockpile overburden,soil, sand,and gravel from
the facility area in a manner that will prevent nuisance conditions.
18. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling,and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
19. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
20. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
21. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
22. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
23. Lighting provided for security and emergency night operation on the site shall be designed
so that the lighting will not adversely affect surrounding property owners, in accordance with
Section 23-4-290 of the Weld County Code.
24. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight except in the case of public or private emergency,
or to make necessary repairs to equipment. This restriction shall not apply to the operation
of administrative and executive offices or repair facilities located on the property. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners.
25. Hours of operation shall be 6:00 a.m. to 7:00 p.m., Monday through Saturday, and from
6:00 a.m. until midnight for maintenance and repairs.
2005-3491
PL1520
DEVELOPMENT STANDARDS - LOVELAND READY MIX CONCRETE, INC. (AMUSR#1329)
PAGE 3
26. The number of employees associated with this facility is limited to twenty(20) persons.
27. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
28. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to the Weld County Code.
29. If any work associated with this project requires the placement of dredge orfill material,and
any excavation associated with a dredged or fill project, either temporary or permanent, in
waters of the United States which may include streams, open water lakes and ponds or
wetlands at this site,the Department of the Army, Corp of Engineers, shall be notified by a
proponent of the project for proper Department of the Army permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act.
30. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency including a Letter of Map Revision if determined to be
applicable.
31. Any berm placed in the one hundred(100)yearfloodplain of the Big Thompson River cannot
obstruct passage of flood flows. The applicant shall use breaks in the berm with
landscaping to fill the void,culverts,or some other method that will allow water to flow freely.
32. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved,maintained,and supplemented, if necessary,for the depth of the setback in order
to protect against and/or reduce noise, dust, and erosion.
33. The sand and gravel operation shall comply with operation policies identified in
Section 23-4-290 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. Personnel from the Weld County Government shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property complywith
the Development Standards stated herein and all applicable Weld County regulations.
37. The Amended Use by Special Review area shall be limited to the plans shown herein and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes to plans or Development Standards, as shown and stated, shall
require an amendment of the Permit approved by the Weld County Board of County
Commissioners before any changes to the plans or Development Standards will be
2005-3491
PL1520
DEVELOPMENT STANDARDS - LOVELAND READY MIX CONCRETE, INC. (AMUSR#1329)
PAGE 4
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
38. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
2005-3491
PL1520
Hello